Law:

Section:

Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977--- ----R. 4(1)(b)(ii)---Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001, Ss.3(1)(F) & 5---Compulsory retirement from service---Employee serving as Naib Qasid in the department, was compulsorily retired from service, without issuing him any show-cause notice and without conducting any inquiry against him---Validity---Compulsory retirement was a punishment, which could not be imposed on employee without due course of law---Authority was under obligation to follow the procedure prescribed by law---Punishment of compulsory retirement could only be imposed by the Authority after inquiry by the Committee constituted under S.5 of Azad Jammu and Kashmir Civil Servants Removal from Service (Special Powers) Act, 2001---Question, whether employee's retirement was due or not on a specific date, or he had attained the age of superannuation, had no concern with the case as it was a different matter---Impugned of compulsory retirement passed by the Authority, and of Service Tribunal whereby appeal of the employee was dismissed, was set aside---Employee would be deemed to be reinstated in service. JUDGMENT CH. MUHAMMAD IBRAHIM ZIA, J.--- This appeal with the leave of the Court is addressed against the judgment of the Service Tribunal dated 4-12-2010 whereby the appeal filed by the appellant herein, has been dismissed. 2. The summary of facts necessary for disposal of appeal is that the appellant herein, who was serving as Naib Qasid in the Local Government and Rural Development Department, alleged that he was compelled by the Assistant Director Local Government to resign from service only for the purpose to appoint some of his favourites on the post. Subsequently, the salary of appellant was stopped and he was not allowed to mark his presence in the attendance register. Ultimately, the appellant compulsorily retired from service, vide order dated 22-6-2010. The appellant, feeling dissatisfied, challenged the compulsory retirement order dated 22-6-2010, through an appeal in the Service Tribunal on 24-6-2010. The learned Service Tribunal, admitted the appeal…

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